This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Pendency of Class Action and Proposed Settlement.
On October 17, 2023, Plaintiffs filed an action against Defendants, alleging that their administration of the Plan violated ERISA. Since the filing of the action, the parties engaged in litigation, including investigating the claims and other developments, briefing a motion to dismiss, and engaging in a mediation before an impartial mediator. In July 2025, the Parties were ultimately able to reach the terms of the Settlement explained in the Notice.
Defendants have denied and continue to deny any wrongdoing or liability and will continue to vigorously defend the lawsuit if the proposed Settlement is not approved.
The Parties have agreed to the Settlement after extensive negotiations facilitated by an experienced mediator. By agreeing to a settlement, the Parties avoid the costs and risks of further litigation, and Plaintiffs and the other Class Members will receive compensation. Class Counsel have conducted an extensive review of the evidence in the case and the potential risks and benefits of continued litigation. Plaintiffs and Class Counsel agree that the Settlement is in the best interest of the Settlement Class. The Court has not made any finding that Defendants have done anything wrong or violated any law or regulation.
The Settlement includes if you are or may be a Current Participant, Former Participant, Beneficiary or Alternate Payee of a Participant or Former Participant, of the Plan at any time on or after October 17, 2017, through and including October 10, 2025 (the “Class Period”).
Under the Settlement, a Qualified Settlement Fund of $750,000.00 will be established to resolve the Class Action. The Net Settlement Amount is $750,000.00 minus case Contribution Awards, Court-approved Attorneys’ Fees and Costs to Class Counsel, Administrative Expenses, and certain taxes and tax-related costs.
The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.
Whether you need to submit a claim form to receive your distribution depends on whether you are considered a “Current Participant” or a “Former Participant.”
“Current Participant” means Class Members who had an account balance in the Plans as of October 10, 2025. If you are a Current Participant Class Member, you do not need to do anything to participant in the Settlement and receive a payment if the Settlement is approved.
“Former Participant” means Class Members who no longer has a Plan account with a balance greater than $0 as of October 10, 2025. If you are a Former Participant Class Member, you must return the Former Participant Claim Form by February 7, 2026 receive a Settlement Payment.
No. The Settlement Class has been certified under Federal Rule of Civil Procedure 23(b)(1). Therefore, as a Class Member, you are bound by any judgments or orders entered in the lawsuit for all claims asserted in the lawsuit or otherwise included as Released Claims (as defined in the Settlement Agreement).
If you are a Class Member, you can tell the Court that you do not agree with the Settlement or some part of it. All written objections and supporting papers must: (a) clearly identify the case name and number as Edward Cure, et al. v. Factory Mutual Insurance Co., et al., Case No. 1:23-cv-12399-JEK (D. Mass.); (b) be submitted to the Court either by mailing them to the Clerk of the Court for the United States District Court for the District of Massachusetts, John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210, or by filing them in person at any location of the United States District Court for the District of Massachusetts; and (c) be filed or postmarked on or before February 10, 2026.
Your objection must also include: (1) your full name, current address, and current telephone number, and, if represented by counsel, any of your counsel’s names and contact information; (2) a written statement of your objection(s), specifying the reason(s) for each objection, including any supporting evidence, and whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (3) copies of any papers, brief, or other documents upon which the objection is based; (4) a list of all persons who will be called to testify in support of the objection; (5) a list of any other objections to any class action settlements you or anyone acting on your behalf has submitted in any court in the United States, whether state, federal, or otherwise, in the previous five years; and (6) your signature, even if you are represented by counsel.
The Court has appointed the law firm Walcheske & Luzi, LLC, and Jonathan M. Feigenbaum, Esq., as Class Counsel.
On March 12, 2026, in the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210, the Court will hold a Fairness Hearing to determine whether the proposed Settlement is fair, reasonable, and adequate and whether it should be approved. The hearing may be continued from time to time by the Court without further notice and may be held via teleconference or videoconference. Please check the website or contact Class Counsel if you wish to confirm that the hearing time has not been changed and to determine if the hearing is occurring in person or by video or teleconference.
You may obtain additional information by calling 1-833-519-8381 or email the settlement administrator at FMGlobalERISA@noticeadministrator.com.